If you as a worker committed to your employer to comply with certain overtime, it is best to comply and avoid problems. However, there are cases in which you may refuse to work more than agreed in the contract. Overtime is common among workers of different companies in Colombia, some reach that agreement from the signing of the contract and others negotiate them – if it is the case – with their employers. However, what we will answer is whether you can refuse to do extra hours at work.
Leonardo Mejía, an expert in labor matters of the firm Mejía López Studio de Abogados, tells that “the worker when he celebrates or signs an employment contract with the employer is subject and available to him during the ordinary day that is the one agreed by the parties or, failing that, the maximum legal day that is 48 hours a week distributed from Monday to Friday or from Monday to Saturdays.”
Thus, says Mejía, any work that the employee performs outside the ordinary or maximum legal working day is considered as extraordinary work, and this is valid only if the employer authorizes it and, in addition, if the worker is willing or not.
“Because availability is only within the ordinary working day or within the maximum legal working day. This means that in principle if the worker cannot provide his services in an overtime, that is, in overtime, he is not obliged and the employer can not demand that he do so and, much less, he can be reprimanded or sanctioned for not doing so, “explains the expert.
Mejía adds that hecan only be sanctioned or reprimanded if the employer authorizes overtime and the worker agrees to provide the service during that time, because it means that the employer already has that employee and, if he fails to comply or leaves earlier, he is causing damage because the provision of the service is affected. Faced with this situation, there is room for a sanction, a call for discharges and to take the necessary measures.
It should be clarified that the employer must always keep a record of overtime and must set shifts so that there is no confusion. Extra work is paid in cash and is in addition to the ordinary salary.
For her part, Verónica Rodríguez Calderón, a psychologist with experience in recruitment areas at Los Libertadores University, explains that, in general, a worker can refuse to work overtime. It suggests that it should be agreed. In addition, it ensures that overtime is not replaced by compensatory, must be canceled and is a benefit base.
In the same way, Mary Stella Cárdenas Herrera, consultant in Human Management, agrees with the previous testimonies and assures that “yes, a person can refuse to do overtime, it is his right to do so and he must be protected. They are called extras precisely because they are outside their statutory working times and cannot be forced to work more than is regulated.”
Cardenas scores: ‘regardless of the type of contract, the worker can refuse to work overtime. If he refuses, the boss would have to find another employee willing to cover those hours. If the person is fired, threatened or intimidated for refusing to work overtime, the first thing to do is to complain – in a good way – to his employer or the Human Resources area and, if he does not find a solution, he can go to the Ministry of Labor or the labor office closest to his city.